TERMS & CONDITIONS
This page (together with any documents referred to on it) tells you the terms and conditions for use of our website, which also apply to any associated applications using iPhone, iPad, Android devices and mobile site platforms. Please read these terms and conditions carefully before ordering anything using our site.
By visiting our website or any associated applications or by purchasing any goods or services using our website or any associated applications, you are stating that you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any services through our site. If you do not agree to these terms, you should immediately refrain from any future use of our website.
1.0 INFORMATION ABOUT US:
1.1 We (“We”, “Seller”, Us”) operate the website (“Website”) bilbayt.com which is the trading style of SMART SEARCH FOR INTERNET MGMT & DESIGN CO who are situated in Kuwait.
2.0 THESE TERMS & YOUR CONTRACT:
2.1 Only these Tcs&Cs will be considered as relevant notice of any offer for sale to you and any subsequent contract.
3.0 YOUR STATUS:
By placing an order through our site, you warrant that:
3.1 you are legally capable of entering into binding contracts; and
3.2 you are at least 18 years old; All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use this website. If you are a minor, Your parent or guardian must read and agree to this Agreement prior to you using the website.
3.3 you are resident in one of our Serviced Countries; and
3.4 you are accessing our site from that country.
4.0 HOW THE CONTRACT IS FORMED BETWEEN YOU AND US:
4.1 Bilbayt.com provides a platform to allow its Customers or Members to order food and services from restaurants who are featured on our website, online. We only provide a means of choosing and communicating your orders to the restaurants displayed on this website. We do not own or influence these restaurants. We are an intermediary function only.
4.2 Our Interactive menus allow customers to build and submit orders at the click of a button. After placing an order through us, you will receive an e-mail acknowledging it. Please note that this does not mean that your order has been automatically accepted. Your order only constitutes an offer to purchase items from our featured suppliers. All orders are subject to acceptance by the end supplier, and we will confirm such acceptance to you by sending you an e-mail that confirms that the order has been accepted. The contract between us (Contract) will only be formed when we send you such Confirmation.
4.2 The Contract will relate only to those goods or services that have been confirmed. We will not be obliged to assist in the supply of any other Service or goods whether expected by You or not.
4.3. These Terms and Conditions apply to all orders placed via our website and supersede all others. The receipt of acknowledgement of an order by you, constitutes your acceptance that these conditions are the only conditions that apply to the contract, not any purported or imagined terms put forward by you.
5. PAYMENT TERMS:
5.1 All orders for goods via our website are offered with the full 100% value balance due before the products or services are released to you.
6.0 DELIVERY & ACCEPTANCE OF GOODS:
6.1 At the time of payment, the goods become your property and all risk and title transfers to you.
6.2 You must check the information entered and correct any errors before clicking on the “Checkout” button. Once this is clicked, any errors cannot be corrected. On receipt of your order, we will begin processing your order and you will receive a message that your order has been received and notified successfully to the restaurant. Where any payment you make is rejected or not authorised, you will be returned to the previous page on the website and we shall not be obliged to provide the services to you.
6.3 During delivery made by restaurants, if the Customer is not available at the address specified for the delivery, any meals ordered by the client shall not be delivered to any other location. You must accept any and all legal responsibilities arising from ordering any meals to an address which prove to be false. Any fees paid will not be refunded in such case.
6.4 An authorised person must be available at the location to accept delivery of the order.
7.0 DISCOUNTS, OFFERS & PROMOTIONS:
7.1 Any agreed discounts or special offers for goods ordered are offered by the supplier and not us. We merely advertise their offers as notified to us. If any such discounts or special offers are withdrawn by the supplier, this is at their absolute discretion and decision. Bilbayt.com will not be held responsible for any discounts or special offers refused by the supplier, before or after booking through our website.
7.2 The restaurant featured in our website is solely responsible for its online menu item prices, menu item pictures, discount coupons and promotions, minimum order amount and any delivery fees. Bilbayt.com holds no responsibility whatsoever or any legal liability arising from any differences between the restaurant’s pricing menu displayed on Bilbayt.com and the restaurant’s own delivery menu. In case of any dispute, we encourage Bilbayt.com Users to advise us regarding any discrepancies if found, in order to review them with the restaurant.
8.0 GRATUITIES & DELIVERY CHARGES:
Some items advertised through our site may be subject to further charges, dependent on the type of item. If you place an order and such a payment applies, any due charge will be added to your order. You will be responsible to pay any such delivery charges or gratuities in full before receiving your delivery. Bilbayt.com will not be responsible at any time for paying or refunding these additional charges to you.
9.0 PAYMENT FOR ORDERS:
9.1 All orders from our website are payable before delivery takes place. This is done via the checkout facility on our website and via our third party payment provider.
9.2 We reserve the right to charge you for any legal or collection charges where it is necessary to obtain payment from you of an overdue payment through a third party or Court proceedings.
10.0 PASSING OF TITLE AND RISK:
10.1 Ownership risk and title of the goods shall at all times belong to the supplying restaurant. The risk, title and ownership of the goods shall only pass to you upon full payment.
10.2 We reserve the right at all times to retain, withhold or cancel any services until payment for the same is made in full.
11.1 Delivery will not commence until payment is made in full (unless special terms have been agreed by Us or the supplying restaurant).
11.2 Every effort will be made to deliver on time, but any delivery specified is a best estimate and no liability is accepted for any loss arising from delay or error in the delivery of the goods. We shall not in any event, be liable for any goods that are lost or damaged in transit. In such cases you will have to claim any damages or loss from the supplier in question, according to their own individual policy.
11.3 Neither shall we be liable for any goods damaged or lost if they are wrongly delivered. You must ensure that you give clear delivery instructions to a safe place of reception, by a person duly authorised to accept your delivery. In the event of any mis-delivery, the responsibility to rearrange any re-delivery will be between you and the provider according to their own terms and conditions of carriage.
11.4 Acceptance of the delivery shall constitute acceptance of the goods, and fulfilment of the contract. You should check your delivery to ensure it is correct and advise the delivery driver at the time if there are any shortcomings or mistakes in the order. If you do not, then you cannot later submit any claim for a wrong order, missing items or any other reason.
12.1 We reserve the right to alter any details of products or services advertised without notice and while every effort is made to describe goods accurately on this website, no warranty is given as to complete accuracy and no responsibility will be accepted for error or mis-description or for any resulting loss.
12.2 We do not sell, make or intervene in any way, with the production of any food at the restaurants. We only provide the ability to search for and find local restaurants that deliver or make the food available to You. The restaurants featured in our site have, and agree to comply with any local and country laws, rules, regulations, and hygiene standards applying to food preparation, sale, marketing and safety requirements. Bilbayt.com do not accept any responsibility for the failure of any restaurant featured in our site to reach the accepted and adequate standards required.
12.3 Bilbayt.com do not in any way guaranty the quality of any food or that any product supplied complies with any applicable laws. Although we use every effort to provide accuracy, we cannot and do not guarantee that the menu displayed on the site is what is actually provided to the users.
12.4 A restaurant may state that food preparation is in accordance with special standards such as "organic," "macrobiotic" or allergen-specific standards such as "nut-free", "gluten-free" or "lactose-free". However, Bilbayt.com does not independently investigate or verify such claims, and will not be held responsible if any food is prepared in any different way or environment.
13.0 QUOTATIONS & CONTRACTS:
13.1 Orders are accepted subject to our right to adjust prices quoted on our website to take account of any changes in the supplier’s prices, the law or Government regulations requiring us to increase prices by way of direct increase or otherwise. The prices are based on today’s current notified costs. In the event of any increase occurring after the confirmation of your accepted order, we shall be entitled to advise and apply any such increases to you.
14.0 RIGHT OF CANCELLATION, CHANGING AN ORDER & REFUNDS:
14.1 In case of error in ordering or other need to amend your order, You may cancel your order up to 24 hours prior to your order date and time and within working hours. For any cancellations or amendments within 24 hours of your event, any cancellation or amendment charges and fees will be made according to each Restaurant’s cancellation and amendment policy. For short notice delivery orders “packages,” you may cancel or amend your order within 10 minutes of placing the order. Unfortunately due to the fast nature of our restaurant partners accepting and preparing your order, it is not possible to cancel after this time has passed.
14.2 For orders placed during national and religious holidays, you may cancel your order up to 72 hours prior to your order date and time and within working hours.
14.3 You must inform us in writing of your decision to cancel your order. You may submit your request according to the instructions given to you. In the event of any bespoke, specific customised or individual items being supplied such as celebration cakes or specially prepared items according to dietary needs or personal flavour preferences, no cancellation can be given and no refund shall be made. Any notice to cancel must be emailed to firstname.lastname@example.org
14.4 You may not in any event cancel your order, if production of the meals or delivery of the items has already commenced.
15.0 EFFECTS OF CANCELLATION:
15.1 In the event of any allowable cancellation, we will reimburse all payments received from you for the goods or services purchased. We will use the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise. We reserve the right not to refund at our absolute discretion.
15.2 Your contract with us will be cancelled and no claims for compensation or damages, losses or inconvenience will be allowed.
16.0 EXCEPTIONS TO THE RIGHT OF CANCELLATION:
16.1 The right of cancellation does not apply to:
Meals or items which are customised or bespoke to your order or specification
Any items contained in clauses 14.3 and 14.4 above.
17.0 PRICING & AVAILABILITY
17.1 All prices and quotations are given on our website and are supplied on an availability only basis. We reserve the right to change any prices at any time.
18. DEFECTIVE GOODS, COMPLAINTS & CORRESPONDENCE:
18.1 All complaints or claims with regard to the quality of your product should be made directly to the restaurant who has supplied to you. We take great care with our Customer Service, and as such if you are unable to resolve your complaint, you can contact us at email@example.com where we shall try to settle your complaint with the restaurant in question. In such case, our decision is final in our absolute judgement.
18.2 Any complaints made regarding any of the restaurants featured in our website should be made within 7 (seven) days.
19.0 LIABILITY & INDEMNITY:
19.1 Save in so far as defects in the goods cause death, injury or damage to health or personal property, any such liability remains with the supplying restaurant. Bilbayt.com shall not accept liability for any event or incident caused, except where it is through our own negligence. Our liability for any loss or damage suffered by you in respect of any negligence, shall be limited to the contracted value of the goods.
19.2 We can accept no responsibility for loss or damage arising from the supply of goods under these Tcs&Cs. We cannot accept any liability for (a) any delayed or missed delivery time by the restaurant (b) any failed delivery or non delivery (c) any wrong orders or inadequate orders. In such event You will have to contact the supplying restaurant with your complaints or requests.
20.0 CHANGES TO TERMS:
20.1 We reserve the right to change any of our terms and conditions at any time without notice to you, by updating Tcs&Cs on our website.
21.0 ARTWORK, CONTENT, GRAPHICS & IP RIGHTS:
21.1 At Bilbayt.com we always respect the intellectual property of others, and we ask our customers to do the same. The entire copyright throughout the world in any and all artwork, designs, digitally created images, photographs, videography, film, audio, cartoons, drawings and any other artistic craftsmanship in our website or Apps, made by us shall at all times belong to us. Furthermore all content on Bilbayt.com including caterer description, menu items description, made by us shall at all times belong to us. We assert our right of copyright under the appropriate Copyright, Designs & Patent laws and will always seek to prevent any unauthorised use, plagiarism, unauthorised production, copying or mimicking of our content, designs and/or artworks, which may include legal remedies. The trademarks and copyright of any third party mentioned in our website or Apps is hereby acknowledged as belonging to their respective owners.
22.0 FORCE MAJEUR:
22.1 We will not be held responsible for failure or delay in the carrying out of our obligations under the contract arising from any cause outside our reasonable control or by inability to serve you due to any cause, and in such circumstances we shall be entitled by notice to terminate the contract in whole or in part without incurring any liability whatsoever to you.
23.1 We are not and will not be bound by any customer’s own purchase order terms and conditions. Our own full terms and conditions are the only ones which will apply unless otherwise agreed by us in writing.
23.2 These terms and conditions may be amended from time to time. The latest version of these terms and conditions may be viewed via our website or upon request.
24. PAYMENTS FOR SERVICES VIA BILBAYT.COM:
24.1 By placing an order for our goods, you authorise Us or our payment processing agent to bill your credit card the applicable purchase fees, delivery charges, any applicable taxes, and any other charges you may incur in connection with your use of our services. We use “Tap” as our payment gateway, and you should refer to their own Tcs&Cs should you seek any further clarification regarding their services. You can be assured that your private financial details will not be disclosed by us to any third party as part of any payment transaction aside from our payment gateway provider. Supplier restaurants may offer a cash on delivery facility. We reserve our right to collect our commission from any such payments made.
24.2 You should at all time keep safe any passwords or login details you may need to use our website service and not disclose them to anyone unauthorised person. Any and all orders placed using Your account shall be deemed to be Your responsibility.
25.0 GOVERNING LAW & JURISDICTION:
These Tcs&Cs will be governed by and interpreted according to the laws of Kuwait. In the event of any dispute or action, jurisdiction shall be granted exclusively to the Kuwait Courts.